have a great day, that will do it for us. "varney & company" begins now, stuart, over to you. stuart: monday night, specialist economic nonsense from bernie and hillary. tuesy moing,rumpuns rongor rublins i michan a so es jn kach. goodorni, stt wi las nit's wn hl inetro, mecareor a, th's bnie nder you'll never have to borrow for college, that's hillary clinton. tax wall street and the rich to pay for it all. know the a word about growing the economy and, please, ignore the debt. that's the democrat's pitch, we heard it last night. republican pitching for delegates. they're voting in four states. trump leads, but watch the anti-trump establishment organize to stop him. closed door meetings with billionaires, they will spend big to stop it. and watch kasich's late surge and rubio's sharp decline.

the question for you, does sharapova deserve to lose millions. she missed a drug change with a "varney & company," we're about to begin. ♪ we'll start with your money, it looks like a slightly lower opening for the stock market this morning. you can blame more weakness out of china, their exports down, their imports down. but you know, a pullback after five straight days of gains, it's not that surprising. we will be down 50 points. the price of oil holding in the best levels of the year yesterday. this morning, still above $38 per barrel. and how about the big tech names which clearly dominated the market all of last year, not this year. they were down big yesterday. netflix was down 6% yesterday. it will open a little bit lower this morning.

facebook was down 2% yesterday, it opened a little lower again today. amazon, again, down 2% yesterday and right now, it's going to open up a little lower. again, same story with google, down 2% and this morning, it opens lower. so all of those big tech names are going to be a bit lower at the opening bell in 28 minutes. let's get back to politics. >> to the democrats, town hall. what i'm calling economic, socialist nonsense. freebies from health care to college. roll tape. >> i happen to believe and i know not everybody agrees with me, i believe that health care is a right of all people, i believe that this is something wrong when we are spending-- >> excuse me, where did that right come from in your mind? >> being a human being. and i believe, we you may disagree with me, i believe if she is poor and you are rich, she is entitled to the same quality health care that you have because she's a human being.

>> i want too see public colleges and universities tuition free. i want to create millions of jobs. >> i'm a big supporter and defender of the affordable care act. i'm going to get the costs down. we're going to get out of pocket costs down, we're going to get deductibles down. we're going to require more free services within the benefit package. i have a plan to do that debt-free tuition, more help for nontuition costs. stuart: the list came on. i came on strong, economic nonsense. that's my opinion. kristin is here, former miss usa. got that right? >> miss america. stuart: miss america. one day-- >> that's all right. stuart: i'm coming on strong here, economic socialist nonsense, that's my opinion. how did we get here. how did we get to the point that the two candidates for the presidency of united states of america are both basically socialists? >> because that's their philosophy, right? a lot of americans don't think

in those terms and they want someone who promises them free goodies that's going to solve the problems. they don't realize there's a clear ideology and philosophy behind this. you can see it in what bernie sanders said when bret asked him, where do the rights come from? he said, well, i'm a human being. >> no, this country was founded on a document called the constitution and believed a lot of our founders were christians and man born rights from god that government doesn't create rights, if they create rights, they can take them away. stuart: thanks for all of this. the rich wall street, i mean, bernie sanders in particular is running against bankers, wall street, insurance companies, bailouts, and that's what he's running against and kind of almost like a strawman that he's erected here. let's everybody hate wall street and everything will be fine. >> and so much of what does drive economic growth in this country is a free market, is a place where people and companies and various venture

capital firms can have money to invest in new businesses, small businesses, if they're taxed out of existence-- >> the big evil corporations and bankers. stuart: wise beyond her hers. >> once the millennials get in the work force and see what 50% looks like on their paychecks, they'll change their minds. stay right there. let's get to the republican side, donald trump launching an attack ad against marco rubio in florida. roll it. >> as a legislator, he flipped on a key vote after making a $200,000 selling his house to the mother of the bill's lobbyist. he used the republican party's credit card to pave his driveway, and to live it up in las vegas. stuart: and he goss on and on and on. ashley: i love that it's black and white, ominous, his

driveway. >> paving his driveway. stuart: by the way, trump leads big margin, i think, in florida and what's the number in florida? >> yeah, a big lead. m monmouth university, trum and rubio 30%. if marco rubio can't take his own state. i think that's it. cruz at 17%,

idaho and hawaii. governor mike huckabee is with us right now. all right, governor. mr. trump is in the lead in three of those states, michigan in particular. by the end of this day, do you think that it's a two-man race and that trump is solidifying his lead. is that how you're reading today's action? >> well, i think it could be stuart, but i think that john kasich is certainly going to stay through ohio. if marco rubio continues to

look, i'm endorsing the process of letting americans vote. stuart: tilting? >> and i don't like the idea that there is a selection being

done by the inner circle elites who are ignoring the pain of americans. stuart: i've got it. i'm pushing, tilting towards trump, governor huckabee, yes or no? >> i am not taking an endorsement position. i'm just not. not going to try to play the mitt romney role right now. stuart: tilting? >> look, i like trump, let me tell you something, i like trump. i don't dislike him. he's smart and outplaying his opponents and including me, he outplayed me, okay, there you go. stuart: governor, great to have you on the show, thank you very much, i appreciate it. >> thank you. stuart: by the way, our fox business coverage starts tonight at 7:eastern. lou dobbs followed by neil cavuto. what's described as a cast of thousands. now this, what a story, a jury had awarded sports caster erin andrews, $55 million in a lawsuit against the national marriott hotel and a man who secretly recorded and posted a video of her on-line. ash, first of all, give me the break down of the money and

then i want to pass judgment on this. ashley: okay. she wanted $75 million and she was awarded 55 million, split it between the hotel's responsibility, the stalker 51%, hotel 49%. so, she would get not one penny from the stalker, forget that. so we're down to around 27 million and they'll probably negotiate that down to 20 million, that's the expectation that she'll get from the hotel for their role in this. the lawyers, they get 40%, so that's 8 million. leaves her 12, cost a million to put it together and 11 and because she didn't suffer physical injuries, just emotional, it's taxable. so, she'll end up with 6 million out of 55. stuart: oh. i want to pass judgment because i think one of the worst things you could possibly do to a young woman, absolutely. ashley: she's suffered with depression and many others. stuart: certainly would. thanks, everybody. much more on the democrat town hall on fox news last night.

hillary clinton finally facing direct questions on the e-mail scandal. she says the whole matter is absurd. judge napolitano on his way to respond to this. >> i will reiterate, because it's a fact, nothing i said or received was marked classified. release it. and once the american people see it, they will know how absurd this is. s smarter entry and exit points

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>> first out of block to somalia, more than 150 al-shabaab fighters were killed in a u.s. air strike. it came as the terrorists, apparently, stood in formation at what's called a graduation ceremony. the pentagon says the camp was prepared to conduct a large scale attack against u.s. and africa forces sometime in the future. got it. and the fox news town hall last night, hillary clinton answered specific questions about her e-mail problem. roll tape. >> the state department has

redacted and declared 2101 of your work e-mails classified at least at confidential level. 44 classified as secret, 22 class side as top secret so you said in a march press conference in 2015 quote, i did not e-mail any classified material. >> here is what happens, the state department has a process for determining what is or isn't classified. if they determine it is, they mark it as classified. >> well, who decides? >> the state department decides. >> what about you when you are typing an e-mail. >> no, the state department decides. >> your contention now is 2101 e-mails contained information that should be classified at any time, should now or then, shouldn't have been classified? >> well, what i'm saying, it wasn't at the time. stuart: okay. answers to specific questions, judge napolitano is here, you've heard all of this. >> i'm smiling because she forgets who her audience is.

her audience is 100 fbi agents and the justice department investigating her. and they know she is lying when she answers the question to bret baier when she says for the umpteenth time i never sent nor received anything classified. nothing is marked classified. the markings are confidential, secret, or top secret. so, while the statement is technically correct, i never sent nor received anything marked classified, it is highly misleading. it is materially misleading. second point, on her first day in office, she received a two hour tutorial from two fbi agents explaining to her what makes an e-mail confidential, secret or top secret is not a stamp or a marking on it, it's the contents of it. and you, as the secretary of state, as the country's chief diplomate, have a legal obligation to recognize state secrets when you see them.

so, she is basically saying to bret baier, and indirectly to the fbi, there were state secrets on 2000 e-mails? i didn't know they were state secrets until the state department told me they were. that's called gross negligence, that's a basis for a criminal prosecution, for the failure to secure state secrets. stuart: however, her actual audience was not the fbi, i understand where you're coming from on that, the actual audience was not that. the actual audience was democrats. >> i'm sure the audience in her mind, but she forgets that when she mocks the fbi by saying i didn't send or receive anything marked classified, she gins them up to investigate her with more, shall we say aggression. stuart: but her answers last night appeared to answer the questions that bret baier posed. appeared to be explanation how this thing is blown out of all proportion and i suspect many, many people will accept that on face value.

>> that were to be used-- and that will be useless to her when she's confronted with the following: mrs. clinton, this is the justice department calling. we have a lot of evidence about your behavior, we'd like to discuss with you and your lawyers. i don't want to see you, okay, we'll discuss it with a grand jury. >> that's what's going to happen? >> she will have the hobson's choice of talking to the fbi or not talking. if she does talk, they will leak it. and she will be the first person running for president of the united states who is compelled to justify her behavior to the fbi. if she doesn't talk, they'll go to a grand jury and they'll leak it. stuart: i think i've got it. i've got it. >> it's entirely of her own doing. this was all done because she wanted to stop transparency, she wanted to keep her behavior from the rest of the state department, and from us under the freedom of information act. stuart: she should have said, this is why i did it. >> she and the truth are often strangers. [laughter]

>> you'll be back at 11:00, i hope. how about this, maria sharapova failed a drug test. she says it was her mistake. it's costing her millions of dollars already. here is the question. does she deserve to lose that kind of money? good question. plus, we'll deal with this, turkey's new solution to the migrant crisis in europe, give us money and we'll take them back. put them in holding camps, we'll do that for you. we'll discuss it in a moment. at ally bank, no branches equals great rates. it's a fact. kind of like grandkids equals free tech support. oh, look at you, so great to see you! none of this works. come on in.

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see car insurance in a whole new light. liberty mutual insurance. >> i received a letter from the itf that i had failed a drug test at australian open. i did fail the test and i take full responsibility for it. stuart: that was maria sharapova admitting that she failed a drug test. now, in response to that nike has suspended her and dropped her, we hear. how much is she losing. ashley: millions, also porsche suspending and not renewing the contract although they're saying we'll see how it turns out. the drug was meldona, it was just put on literally weeks ago. the test was taken prior to her match in the australian quarter

open against serena williams which she lost. but the drug increases the intake of oxygen into the blood and used for people who have heart issues. millions take it and she's taken it for ten years. stuart: i don't think she deserves this punishment, i don't. >> i don't think she does deserve it, and also on the line is her playing in rio in the summer olympics. this is huge and she did a great job putting out there. and she's looking to make restitution. stuart: and taken it for ten years and changed the drug testing rules on january 1st and misses the e-mail about that, getting caught at australian open and she's done. ashley: the general punishment is two years suspension. stuart: and-- >> the speculation was she was going to retire, but this was a bombshell. >> not at a hotel with dirty, ugly carpet. stuart: and the futures, how are we going to open up?

we've been up for five straight days. jetblue, at the forecast, the news is that they're going to let absolute novices to learn to fly their planes. how about that? back in a moment. ♪jake reese, "day to feel alive"♪ ♪jake reese, "day to feel alive"♪ ♪jake reese, "day to feel alive"♪

>> the pictures just coming in

during daylight hours, that is, of the train derailment in california. ashley: 14 injured, commuter train. the first car falling off the tracks, hitting a fallen tree into a river, disaster situation, amazingly, no one killed. this happened last night in bad weather, the train from san jose to stockton. stuart: the bell ringing, where are we going? ever so slightly-- not ever so slightly lower, down about 80 points eventually in the first couple minutes of business. 1 17,-- the stocks are pulling back and we've had a five-day run-up. first of all, jack, to you. china's exports down 25%, imports down 13%. more weakness in china, is that part of the reason we're down this morning? >> it's part of it. look, the first number, i'm not that concerned with. there's a lot of junky

manufacturing activity going on in china for a long time that's not produced a profit. so, if there are exports plunging, that's them getting rid of the business they're never making money on to begin with. we were making money on that because we were selling the machinery. as the exports plunged, the imports come down and they don't need to buy the big expensive machines from the u.s. companies and that's ultimately going to hurt some of our industrials at the fringe. stuart: come into this. >> 17,000. we tipped in. ashley: now, we're below. >> i'm sorry, i got excited. stuart: a deep breath. ashley: reset. stuart: what do they say to trump? breathe, breathe. >> yoga. [laughter] in chicago, the voice of reason, please. are we down this morning

because china's exports are down 25%, or imports are down 13%? >> i do not think so, good morning. i think that what you have here is you've said it yourself, we've had a five day rally, the markets have rallied almost 10% from february 11th. at some point, somebody will take a profit. we're taking profit taking and the excuse is what's happening in china. the mess in china has not changed. china is in trouble and more issues to go forward. so this, in my opinion, is profit taking depending where we're going. . >> you see, the voice of reason. how about the price of oil. big deal yesterday, moved up $38 a barrel and this morning, it's 37, 47, down about 1%. listen to this, goldman sachs says, the recent rally in commodities is not for real, it's just a short little hop up and we're going to come down again. jack? >> i agree with that.

what has dramatically changed? i mean, we're still oversupplied. i don't see any, you know, dramatic-- ments all commodities, copper included, and lead and the rest of it. >> yeah, i don't see any dramatic increase in demand. >> that's going for the stock market. what's going on in china, you would expect that this rise would be iffy for some of these commodity prices. stuart: the voice of reason, todd, in chicago. what do you make of goldman sachs? all of these little rallies that we've had in commodity prices going nowhere, we see. >> i think that goldman sachs is looking to be a buyer. the bottoms are in in and then they're looking to push them down and it's a typical play from goldman sachs, and you look at the books and they're long going in. and they're lucky to push prices lower, but they can start buying down here, i think we've seen the overall bottom and they're looking for opportunities to get in bigger positions to go up. stuart: so technical inside the market, is that what it is?

you guys are messing things up. we're down almost 100 points. the big tech names were huge winners last year and we followed them up last year, they took a hit yesterday and some of them are taking another small hit this morning. facebook, for example, down 104, down a buck. amazon a big drop yesterday and this morning it's coming down a little bit more, down $7 at 5.55. alphabet down big yesterday, approaching the $700 level as of right now and netflix dropped 6 of% yesterday. coming back, what, 28 cents this morning. what's the story on netflix? liz: itt is perhaps overpromising the number of u.s. subscribers, it missed in the fourth quarter what it promised. netflix is not yet in china so they do have an estimated 70 million subscribers and that growth could still go up for

netflix. stuart: i wonder if netflix gets into china if donald trump is the president? liz: they'll create another nation of binge watchers. stuart: in brooklyn, there is aappeal of a ruling, going back to court, unlock the iphone liz: both sides doubling down. not just a legal, but a public relations battle played out in court. this will not affect the san bernardino's shooter's case. to apple they've said you've unlocked dozens of devices in the past, why aren't you now? >> that's important. stuart: you've done this for other people, why not now? >> not affecting the stock price, i don't believe. 100 shares of apple. we've got higher sales at urban outfitters. nicole, what's going on. nicole: it's leading the s&p 500 on a day with down arrows,

it moved to five-month highs and at least raised the price target. what's going on? they did better than expected sales, three people is a brand under urban outfitters, fast moving, a teen retailer and getting the product out and making the sales and as a result, it's a winner. stuart: i've got more individual stocks to go through, thank you, nicole. how about shake shack? a disappointing sales forecast and down it goes, 8%. 38 on shake shack. sales down at dick's sporting goods. the stock is down 3%. the same story at barnes & noble, that operates college book stores in america. it's moving 18 cents higher, but all the way down, $11 a share. jetblue, looking for pilots, no experience necessary. all right, ashley, give us the brief on this one. ashley: take a class on friday, and fly on monday.

no, no, no, it's a four-year course, costs $125,000. and looking to train people g.e.d., at least a high school diploma. four years of intensive training. stuart: four years. ashley: five years, you could be 23 years old by the time you graduate liz: you want to be a pilot? >> the stock is down not because of this pilot story. forecast disappointing. ashley: the union is furious. they say they should be hiring pilots out of the regional carriers. >> you've got at that pay a lot of money now, without the certainty. a young person would say i want to be a pilot, i would say be a balloon artist, this is a way to give people a guaranteed job. stuart: it's almost an apprenticeship, which a lot of people like the idea of. the unions don't. ashley: europeans do this and they're stealing the european model. stuart: look at nike.

the company is suspending their deal with maria sharapova. how much are they taking away. ashley: millions, it's not only nike, hits tag haurer. and porsche. >> they said we're sad about the news about maria sharapova. we've decided to suspend the relationship while the investigation continues. stuart: we've got an out lieer. i don't believe that she deserves this punishment. >> you're being too nice because she's pretty. when the u.s. doctors, not talking about the sports doctors from rocky 4. i'm talking about u.s. doctors with actual like ethics, they say. >> what. >> yes, there are uses for drugs for people with severe heart disease, but a young people, athlete. stuart: she has a heart

condition, why she's been taken it for ten years. >> there's percentage-wise, people are taking this drug and suspicious and definite performance enhancing qualities. this is her full-time jobs. ashley: she's been taking it for ten years. stuart: you'd take her out of the olympics because she changed the rules on january 1st and she didn't see the rule change? >> this is not a hobby for her. this is what she does for a living and part of what she does for a living is following which substances are banned or not. i'm sorry, there are rules, you've got to stick to it. stuart: one tough out lier. >> i had an extra cup of coffee. stuart: how about this, reports of a secret meeting to stop trump. ashley: there's nonconfirmation, there are talks that tim cook, larry page from google, and others getting together at an island. sound like a dr. evil movie, at an island off the coast.

it was the enterprise, and forum was how to stop donald trump. the first question, why is he so popular, what can we do to-- can't figure it out liz: the question is, do you want elites picking who the president will be? this doesn't look good for these guys, it looks elitists. >> i see where it's going, trump is going to launch his own smart phone to match the ties. stuart: we're down 107. that's the low of the session thus far, we're only ten minutes into it. we're down 108. four states vote today. republican candidates in a horse race, they're trying to get to 1,237 delegates. there will be a second ballot at the cleveland convention and the possibility, therefore, of back room fixing. how do you feel about na? we're back in a moment.

♪

>> we've opened up this tuesday morning on the down side. we're off 100 points as we speak. the price of gasoline, no change from yesterday, still at $1.81, your national average on regular. now this, european union leaders and turkish officials are close to an agreement on migrants. what did they agree to? >> pushing back what they all irregular migrants, undocumented back to turkey. turkey says where is our money? you promised us $3 billion back in october and we haven't gotten. they want $6 billion in exchange for taking the migrants back, they want better access, visa access into europe because right now it's not easy to get a visa, for turkish

people to get into the eu. they want that eradicated and move talks of turkey joining the eu. they're using leverage in this migrants crisis liz: no visas for any turkish-- that means visa-free zone. stuart: turkey wants to be a part of the european union. ashley: yes. stuart: they want talks on membership moved up. that would give them all access to all of europe, all turkish citizens. that's what they want liz: what about the illegal migrants coming in. stuart: that's a deal that's not going to fly in germany, it's not. back to politics, four states vote a race to get to 1,237 delegates. if they reach the convention and no candidate has 1237 delegates they have a sound round of balloting, in that second round of balloting, 80% of delegates are freed up and can vote any which way they like.

which means maximum horse trading, back room fixing, what it means, surely. american conservative union guy is with us this morning. [laughter] >> i don't know how you feel about this, but outsiders who are not part of the political process, they look at the whole idea of horse trading at the convention, as the kiss of death for the republican party and you say what? >> you know, i think the idea of having a brokered convention, stuart, where some name comes in out of nowhere, and somehow is innen could tension to get the nomination, i think that's a disaster for us. having an open convention where you have vote after vote after vote to see who can get the minimum number, i'm okay with that. stuart: if you've got trump and he doesn't get 1237 delegates, he doesn't quite get there, he's got less than that, and somehow or other, the back room dealing denies him the nomination, his supporters walk. they will say, this is typical of what goes on in the republican party. they walk and you lose.

>> this has been the big question about trump, which is a lot of people in our party are uncomfortable with donald trump, but the idea of bringing on all of these supporters into the republican party, i would like to encourage them to see that a good thing, our party has to grow if it's successful. we just lost two white house bids, we don't want to lose a third. getting new people is part of the process in a democracy. stuart, you're right. this has got to be seen as completely transparent and fair process where or the republican party has a big problem. stuart: what do you make of the meetings we're told has taken place between technology billionaires and leaders of the house and senate, a big stop trump at any price deal. did any such a series of a meeting take place? >> i think these meetings are happening everywhere and it's ironic to see these billionaires trying to stop a billionaire. the cool thing about politics, it's really not about the money, it's about the fact that

the american people, certainly, conservatives across the country and republicans, they're very anxious, they're very raw after seven years of obama, and they're in a c cantankrous mood. it's why dr. ben carson and marco rubio hasn't been in the senate a term, are popular. stuart: i'm sorry, cut it short. i've not breaking news. new reports that iran has conducted missile tests. what more do we have. ashley: ballistic missile tests. a u.s. official says that the reported tests of missiles do not violate the nuclear deal recently agreed to, but may violate u.n. security resolutions. it's an example how bad the deal was. stuart: maria sharapova misses a rule change.

23 million in endorsements, i ask this, does she deserve to lose that money? we're waiting for better business bureau and trump university's grading. trump says it gets an a. >> the only reason it was a d because we didn't care and we didn't give them the information, when they got the information, it became a "a", we looked back at this, the rating from the better business bureau was a d-minus. pet moments are beautiful, unless you have allergies. then your eyes may see it differently. only flonase is approved to relieve both your itchy, watery eyes and congestion. no other nasal allergy spray can say that. complete allergy relief or incomplete. let your eyes decide. flonase changes everything.

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see car insurance in a whole new light. liberty mutual insurance. >> maria sharapova failed a drug test for a banned substance which was used in the australian open. she was using it then. nike and other major sponsors are now suspending their relationship with sharapova, 23 million worth of endorsements on the line here. joining us now jared max. jared, the question in my mind is, does she deserve this punishment? and i say this because, she's been using this drug for ten years. the authorities changed the rules on this drug on january the 1st. they sent out an e-mail message to players. she didn't see it, she failed to click on it so she failed the drug test according to the new rules at australian open. she's admitted it and said this is what happened. i don't think she's a doper. i don't think she deserves to lose all this money.

>> i think a lot of people would agree with you, stuart, and i tend to side with you, but we have seen instances where athletes have used substances that are classified as performance enhancing drugs, and whether or not they were using them to enhance their performance or because it was previously prescribed by their doctor for something else, they have a responsibility. tennis players know that every year in december they are e-mailed a list, here is what the latest substances are. again, like if the fcc sent us a note that said these words are now faux pas and you can't use them or you're in trouble. and this particular substance she's been taking for a variety of conditions. she said in 2006 her doctor prescribed it to her, she was getting the flu every few months, there also had irregular ekc results, signs of diabetes a diabetes, diabetes in her family. i would like to know that was in 2006.

was she diagnosed every year for this. if this can fly under the radar. this substance can help performance and recovering from exercise, almost like a human growth substance. she could look at a two year ban for unknowingly using it. if they find out that's not the case, it's four years. and you pointed out, $23 million in endorsements, $30 million over one year period, 20 of the 30 million from endorsements, she's still an amex, avon, avian, porsche dropped her and nike suspended her. nike has been with sharapova since she was 11 years old. and tag hauer since she was 17. stuart: is there an exception because she had a heart

condition and using it ten years, and recommended by a doctor and legal for those years. the rules change, she doesn't spot it and losing this money. i just feel that's not quite right. >> i am with you. stuart: in spirit you're with me. >> in spirit i'm with you. and the anti-doping committee put out this list and it's not like they're tic-tacs and she's fessed up to it. stuart: she could miss the olympics. >> from the world anti-doping agency, yes. hopefully it's not the case and there should be. let's call for it. how about let's check her out right now, does she need to be on this medication and get four out of five doctors say that maria sharapova should be on this medicine, you've got a case. let's be like deflate-gate and appeal it and everything.

stuart: this will never stop, the performance enhancing drugs will never, ever go away. >> three offer had several major sponsors pull out, which says that may be something is here. stuart: the idea that you can do anything you want. you can use any drug you like, you can do it, just do it. no penalty whatsoever. what do you say to that? >> that means if i'm clean, i have to take the drugs to keep up and therefore, it's cheating. stuart: so therefore, it's not going to happen. >> but good argument. stuart: i thought i'd try it, jared. put it out there. ashley: make for some interesting games. stuart: thank you very much, sir. and economics, a full display on fox news last night. clinton and sanders lay the out their economic agendas, free health care, free tuition, free college, and the rich will pay for it all, didn't you know that? and a jury awarding erin andrews 55 million against a national hotel and a man who

filmed her. how much of that will she see? you'll be very surprised. second hour of "varney & company" is two minutes away. you're an at&t small business expert? sure am. my staff could use your help staying in touch with customers. at&t can help you stay connected. am i seeing double? no ma'am. our at&t 'buy one get one free' makes it easier for your staff to send appointment reminders to your customers... ...and share promotions on social media? you know it! now i'm seeing dollar signs. you should probably get your eyes checked. good one babe. optometry humor. right now get up to $650 in credits to help you switch to at&t.

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stuart: half hour into the trading session. we are up 100 points as we speak. barely holding $37 a barrel. concern about china again. voters are headed to the polls right now. will it be a two-man race on the republican side at the end of this days racing? reports of republican leaders in the house and senate meeting with tech billionaires. did you see that democrat townhall on fox last night? it was a socialism of brest. the rich will pay for it all.

don't you know that. we will break it down. the third hours starts right now. ♪ stuart: we will start with money. 110 points. ashley, to you first, a bit of wolf. down by a much wider margin. concern about what impact that has on the global economy. there is also some profit taking. i will take some money and put it back in my pocket. is that the opposite? what is the difference. >> the price of gold is nearly 13 months hyperion flight to

safety. >> away from all of those negative interest rates banks are imposing around the world. 485 of the s&p 500 did beating out apple, amazon, google and netflix this year. they don't give it all back you. gold is a hedge against that. >> up nearly 20% year to date. facebook, amazon, google netflix, apple. some of them are up a little. what happened, ? that is not much of a bounce today.

the big technology stocks. certainly apple and others, they have struggled. ironically, we thought that the banks would be the big winner. there is, you know, depending on who you talk to, everyone uses google. let's be honest, these are strong, strong stocks. >> how about this. this is new. joe biden speaking in dubai. listen. >> i don't think you will find anyone that will challenge what you are about to say. >> he could no longer get the nomination of the republican party. >> i am not quite sure what he said there.

the nomination of the republican party. >> yes. that is what i said. >> not recognizing the gop as i did today. that is a centrally what he said. not recognizing the democratic party today. >> making a run. every time you quote the man. >> breaking the emergency glass and getting back candidate out. stuart: mistakes that the republican party. >> it is tuesday. just after 10:00 o'clock eastern time. our friend rich lowry. we have been running strong this morning. technology billionaires. leaders of the house. leaders of the senate. getting together to beat on trial. how can we beat them.

you can confirm it took place. the most important thing that is happening is $10 million worth of negative advertising. that is a kind of advertising campaign we have not seen since donald trump yet. going from strength to strength. prefer not $10 million dropping. >> you do not want trump to get the delegates required to win the nomination at the convention. that is your strategy. >> i would prefer they get to 1287. apps in absent back, i want to do not trump the nomination. >> let me go through how this works.

the candidates arrive in cleveland. there is, i believe, a second ballot. 80% of the delegates are freed up. outsiders, that looks like backroom deals. >> i think that it is the delegates that will decide you'd trump will make a moral case. it has gotten the most votes. you have to give it to me no matter what. the second and third base candidates will have even more than donald trump and more boats. you will have a huge argument running up to july. the problem that trump has, you begin to unify the party. people begin to accept you. the opposite is happening with trump. the debate performance we saw last week. it does not help.

>> on one hand, i think, it is wheeling and dealing. everything that politics is not supposed to be about. there is horsetrading in the open. a brokered convention. everyone of these delegates may be on cable tv. wheeling and dealing, he and his supporters why walk. donald trump would say nomination. a lot of people walking out the other door. trump will walk in that

circumstance. you hope that a lot of the supporters, when push comes to shove, they will go with the republican candidate. >> it is a split party, autumn line. >> do you think that it is the start of a new republican party? something that you have not taken in yet. >> yes. not just attacking donald trump. i would like to hear a message to trump voters. i hear you. georgette. don't look at me like that did.

>> i have to be careful. nevermind. second place between very wealthy people. the establishment of the republican party. they are all meeting to destroy trump. pete trump. whose side are you on on this? >> i have always been on the leading side. stuart: stop it. crunch time. today will be very important. michigan and mississippi. we will see if kasich can survive this. now in number two. rubio, probably will not have a fabulous day.

does rubio not drop out before florida because he does not want to drive a stake through his political ambitions. a lot can happen today that can really change the entire landscape of this election tomorrow. we will see who survives it and whether -- stuart: of course we will find out. you tell me that you are warning towards donald trump or towards the anti-trump people. >> you talk about a bunch of william ayers. deciding who will be our candidate. i personally find that ridiculous. stuart: i wanted that out front. not that did in the back of the interview. [laughter]

you enjoy being on the set. >> i call it, from what i heard, i call it economic nonsense. better get, socialist economic nonsense. healthcare, college. let's just roll the tape. >> you may disagree with me. >> she is entitled the same poverty healthcare that you have. >> within the benefit package. >> i want to see public colleges and universities, i want to create millions of jobs. >> it is absolutely imperative that we make college affordable. i have a plan to do that. stuart: i realize i am coming a little strong here.

socialist economic nonsense. how about with you, georgette? >> right out of the manual. stuart: not that bad. how the real world works is indistinguishable from magic. stuart: whole -- who wrote that? >> this is science fiction. 18 trillion. that is with ata. how do we pay for this. there is no money.

stuart: analyzed on target? >> over target. stuart: you can stay. lou dobbs tonight. that will be followed by neil cavuto. you have to watch this. new developments. positive drug test. we will have details in a moment. we need to play the same game they play. the man who shot osama bin laden response to this in a moment. >> i happen to think that when you are fighting an enemy, we should use something stronger than we have right now. waterboarding is essentially not allowed. i would certainly like it to be at a minimum. to allow that. ♪

we are coming in with this. learning more about -- failed drug tests. it is from lafayette. you can take it two to three times a year. consistently for the last 10 years. this is for hard issues or whatever. it does start to raise questions about how it was being used. >> we are looking at individual stocks. up three-$4. a live tv show. ashley: a live half-hour show.

it airs at 9:00 p.m. eastern. whatever they are talking about comes up at the bottom of the screen. you can order it. that is a big hit. it has gone down on the e channel since joan rivers has passed away. >> check that they board. not quite at the low of the day. donald trump says laws that prevent the military from waterboarding in torturing isis militants are making america week. >> we are getting things.

we are unwilling to be as ruthless as the enemy. we have already lost this war. the man who shot them plotted. his name is rob o'neill. get out there and waterboard them and torture them. what say you? >> literally cutting people in half and dragging them behind their cars. i agree. i do not believe that torture works. torture is something that you do not walk away from. waterboarding is enhanced interrogation. it works. it has proven it works. we are not -- this is not torture. torture is using power tools on people.

>> if you do that, the left will define it as torture. you did that. whichever person did it. we will put you on trial. that did happen with the waterboarding. the guys who did it were exposed and hounded. i suspect in the future nobody that works with the american government will ever do anything like that again. >> they will hounded just about anything. the rules need to be looked at and changed. one of the arguments that i heard is if we waterboard, if we don't waterboard, they will treat hours worse. that is kind of what they do right now. >> today, after you? >> i'm sorry?

come after me as far as waterboarding? >> as far as what you did. you shot bin laden. are they after you? >> are the isis guys after me? >> no. the left in general. we had the left and the right on the side of that. we had people on the right like secretary gates. they seem okay with it. >> they give very much for being with us. thank you, sir. erin andrews wins a $55 million peeping tom lawsuit. you can bet that she will only see a fraction of that. ♪

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stuart: sales slip that jeff blue. that stock is down 7%. a jury awards aaron andrews $55 million in her lawsuit against a man who recorded a new video from her from a adjacent hotel room. holding him liable. she will not get that money. what happens to him? >> he will absolutely file for bankruptcy. it gets extinguished. the other half, they have a couple of options here. that has the potential effect of extinguishing your work

altogether. they could simply appeal this in a traditional court. having to relive this trial all over again. >> do you think the operator, do you think that that is the bright amount of money? i think that it is a lot of money. i think that she deserves the money. that is what i am saying. do you? >> i agree with your point. viewing that view on youtube. did you just double it. it will start to add up to that amount. i do think that award is worth

it. >> the defense, the hotel people, they said to aaron andrews, they boosted your career. what are you whining about? this boosted your career. anything that it takes to win. really? >> some lawyers do. look how marriott thought. i had no idea why it did not settle. courts always rule in favor of hotels. of course they were going to be in favor of this defense list sportscaster. the situation was so luda chris to be. it settled to begin with. >> think you so much for joining

us, as always. >> brand-new video out this hour. vice president biden slamming donald trump. not even ronald reagan was giddy like it in this republican party. joe biden stand club. she is on her way. socialism. okay. here she comes. ♪

..

>> i don't think you find anyone to challenge what you're about to say. >> of ronald reagan would like him he could no more get the republican nomination party than i could get >> joe biden speaking in to buy,

blasting donald trump. not even ronald reagan could get elected in the republican party these days. tamara holder is here. you still like the idea of a bite and run do you? i can look at where you are these days. >> i don't know where i am these days. if you buy now, let me know. i could use your help. stuart: do you have any comments on joe biden may not even ronald reagan's get elected in this republican party? >> i don't think that would make sense to anybody. ronald reagan was liked by the blue-collar democrats. he was liked by the republicans. remember, this is in dubai where the conversation or speech was given. that being said, he was talking not about donald trump. we have to look at whether or not muslim countries are going to appreciate donald trump as the representative of america

and my relationship as allies. >> i wouldn't expect them to appreciate a double term presidency. but i would imagine they would take notice for donald trump. >> i think everybody is taking notice that he's running for president. stuart: maybe he's no longer in retreat against everybody and maybe we will find them. maybe that's what they would think. >> i think everybody wants to win. every country wants to be the best century. stuart: what has barack obama got him an apology to her. every single one of our opponents and demoralize every single one of our friends. i digress. did you watch the town halllast night? you did, okay. i save a socialist economic non-sense. giveaways for this comic giveaway for that in no way of paying for it. your comment is? >> look, i am a single woman who likes men to pay for my dinners,

meant to pay for my rent, meant to pay for my cars. i am a representative of the democratic party. i'm kidding. you know, we don't want everybody to pay for everything. what we want in america, what democratic women want is we want a fair shake. we want fairness in health care, fairness and jobs. by the way, the heritage foundation -- stuart: where's the unfairness and health care? >> really? everybody has health care? >> anybody could walk into an emergency room anywhere in america and they will not refuse you service. they have health care. everybody does. sure into >> yes. if you have a heart attack, people on medicaid cars are taking their kids to the hospital just because they have a car. i represent clients in chicago

who most of them were on medicaid. did another difference between going to the doc or an er because they don't have doctors feared their relationship is that the er all the time. the american public he attacked payers pay for it. stuart: you don't think would be expensive if you have the government providing health care for everybody? >> if you look at the studies, the countries that have the lowest spending and health care, singapore, canada, switzerland. they have the least government spending. stuart: i remember obamacare lower the cost of health care. it didn't. the studies are wrong. >> well, i think there are a lot of kinks that there are a lot of king city well enough on the care. it's the first couple of years. was your marriage perfect in the first couple years? stuart: excuse me. excuse me? >> you have to work out relationships with things. it not perfect.

i shouldn't have even asked that. stuart: on my camera. i'm on television. >> democrats are supposed to be perfect all the time. but obamacare wasn't perfect. and i'm the first to admit it. it doesn't mean that it can't be. stuart: here's my position. last night the two democrats in the race came out with rabies, giveaways and have free health care, free college. i was not satisfied with who would pay for that. they say wall street, the rich, the billionaires. that's not going to work. they ignore the debt they would run. i'm not happy with that. i call it socialist economic nonsense. >> i call it economic freedom. stuart: economic freedom? what top tax rate do you we should have? what should it be?

>> i asked my account how much i paid. 47%. i think that is absolutely -- everything in life should be a third. stuart: a third? you are a republican for heavens sake. >> mind, body, spirit, earth, wind, fire. i don't know. the power of three. stuart: you are confusing yourselves. tamara holder, everyone. one of our favorite guests and now we know why. check our big board. we have come back a little bit. we were down 130. now we are down 111. the price of gold 1266, near a 13 month high. i'm going to go back to politics. why not? marco rubio in a fight in his home state of florida.

donald trump launching an attack ad in that state targeting. watch this. this is the sun sentinel and what they have to say. not endorsing him. we cannot endorse businessmen donald trump, hometown senator marco rubio by texas senator ted cruz because they are unqualified to be president. they are not endorsing anyone. joining us now, though his finger, republican from michigan and rubio supporter. if demands homestay newspaper doesn't endorse, your guy, rubio is in trouble. will you admit that? >> one paper didn't endorse him. even in my own district, fairly conservative republican district, i don't get every endorse me neither. he is at the "miami herald," orlando paper in the panhandle. he's been endorsed as well. i think that is up to the editorial board and they are all different.

but it is a dogfight. there is absolutely no doubt that the entire election is a dog bite for everybody right now. stuart: would you agree with marco rubio to stop in florida, you will drop out? >> now, i'm not necessarily that he should be there. i think all four of them are going into a convention at some point or another and i will get sorted out a bit more. whether it's ohio or florida with the winner take all. my earpiece is going a little trump the on me. stuart: i want to talk about the convention is held. if you get to the convention and no single candidate has won 1237 delegates, and there is a boat, a second ballot. at that .80% of the delegates are freed up to vote for whomever they choose and they would do a lot of backroom wheeling and dealing.

i think republicans don't want that. i think republicans would go crazy if the nomination were taken away from whoever has the most delegates. and you say? >> whoever has the most delegates. i agree that it's not ideal. the question is who is going to get the magic number and how that is going to happen. there is no doubt that this is a divisive election on all sides from late and we will see what happens on the democrats side if there is more that comes out about hillary clinton and joe biden earlier. definitely not an ideal. stuart: who would you support if rubio was out for whatever reason? >> i am not going to go down that road at this point because i would encourage marco does day in and make sure he is at the convention. i don't think that trump is the best for our party because i don't confuse the true conservatives.

he's a situational list. >> would you support him if he's the nominee? >> i will support whoever the republican nominee is at this point. as i look at the supreme court, who was nominated somebody? i've got a better shot at having someone who's closer to where i am with any of the candidates. thank you for joining us. we appreciate you being here. look at facebook. they want to start live streaming. >> they are in the mix to pitch to have the rights to the digital streaming of the nfl thursday night games. nbc, cbs have are to pay $450 million for the rights of this. but they are doing the live streaming right separately. let's face it. video is the future of facebook. they make content. this to be a huge win for them.

of course altogether, amazon, verizon all in the mix as well. stuart: dow was down 132. donald trump says that the attack had he will fire right back. that is what is due in florida. we'll talk more about this attack at any moment. >> as a legislator, he flipped on a key vote after making a quick $200,000 from selling his house to the mother to the mothers of those lobbyists. the republican party's credit card to pay for his driveway and deliver up in las vegas. can a business have a mind?

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>> i am nicole petallides. after five days of gains after getting back today, the dow jones industrial average down 132-point. the s&p 500 down 28 and the nasdaq down 45. oil going back across the $38 market for this higher. goldman sachs, we are seeing energy materials, financial is the worst of the sectors today. 425 and the s&p 500 down arrows. experts in china as well. american express with charlie american express could be sold. ceo days are numbered and wells fargo cited as a potential buyer for american express. a weaker than expected outlook.

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stuart: dow industrial or today, down 130-point berkeley because oil is way in retreat, now down over 1 dollar a barrel. the relationship holds.

chesapeake energy down to $3 a share. that is the price target there. the stock is losing 17% as a result of that. it is a down day for many stocks in the big board here to the election again. four states up for grabs today. a late surge from governor kasich making the michigan primary the contest to watch. of course it is. jeff flock is at the elementary school in grand rapids, michigan. i've got to ask you about turnout because that is very informative. record has elsewhere. what is the look like? >> u.s. head on a a very important point, stuart. i want to take you inside this place because you think of turnout was high, that would help donald trump. that's what they predict it. take a look inside here. the door opened i think. turnout extremely low at this point. at this particular polling place within elsewhere around grand rapids and the numbers aren't here yet. of course that could change, but

that does not bode well for donald trump. this is also one of the prime minister if you're a democrat you can vote in a republican primary. it's all good. you can crossover. do you know who won the 1916 republican presidential primary? he may have voted him out one. the winner was henry ford speaks well for donald trump. although, i point this out as well. do you know who won the 1924 democratic presidential primary in michigan? also henry ford. stuart: back to you later. low turnout so far were jeff flock is. thank you so much. the establishment among the republicans clearly getting enough on donald trump. what is his strategy to oppose them taken up on him?

the problem with hillary and he is here with us today. what is trump strategy? >> a big fierce debate going on in the campaign including family members including his wife, friends, campaign advisers. how should he behave? should he go on to administer or should they become more presidential? i spoke to someone who's very close to trump has been with him in the campaign at the high-ranking level since the very beginning and he says donald when asked if he were presidential to know i'm going to listen. is going to stick with what he started to rain. it started out in the debate last thursday i think it was good it was karma. but then he took the bait. the other guys went after him and then he explodes. >> they tell him to stop acting like an alpha dog.

do more policies, substance. according to the source, he says i'm going to go on twitter, facebook. big, big rallies. i'm going to get free advertising and media, fox and others. and he ain't going to spend millions and millions in florida. one had employed against rubio. that's about it. transducer to cut this short. very limited time. i hope to be back with us very soon. leftist politics on town hall last night. we've got the dow down 100 dirty, covered adult ladies and gentlemen. back in a moment. by looking at global and local insights to benefit from different points of view. and by consistently breaking apart risk to focus on long-term value. we actively manage with expertise and conviction.

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>> the better business bureau's new york city will issue a statement in 30 minutes waiting in on the controversy regarding donald trump and its bankrupt trump university during the debate the other night on fox news gave mr. trump actually said the better business bureau gave it in a winning when it was a d- rating. the university as a target of a class-action lawsuit seeking multimillion dollars. more from stew. stuart: it seemed like i was back in europe 50 years ago.

two candidates on the left arguing about who would do more for the working class and who it's reasoning which the mouse. hillary clinton and bernie sanders and a political bubble were reality never intrudes. of course i was watching last night's town hall and fox news. bernie and hillary pitching for voters. actually, trying to buy them. vote for me and i will give you this. both of them have similar giveaways. medical care and college. medicare for all since bernie. debt-free tuitions has hillary. who pays? tax the rich. go after the billionaire class. they are responsible for everything that's gone. they can pay to clean it up. pure economic non-dance. have they noticed that we are $19 trillion in debt, that we are already adding a half trillion dollars in debt every year, that we are already paying more in tax than ever before,

that the economy is barely growing adult, but taxing the wicked 1% even more will just not bringing anything like enough to pay for their wild spending plans. last night was pure leftist politics. by those of other people's money. of course come in with the date you create. the politics of class division, class warfare. you've got it, we wanted. we are going to take it. really did remind me of violence left behind. one nice boy. so far the ups and downs of this election has had no impact on your aura one k., your money. if the left looks like it's winning in november, that will change. bernie and hillary made by a blood of those of their blood of those of their socialist protestants, but they. cannot buy the commonness ofthel investments. flonase changes everything.

>> 11:00 o'clock eastern time. it is happening this hour.

job well respond no doubt. when it happens, we will take you there. trump once again leads in the polls. governor kasich has gained a lot of ground. 150 points lower. way below 17,000 right now. weakness in china. the price of oil is up again. a third team month high. we also have a surprising new development. we will bring it to you. varney and company continues right now. ♪ monitoring this this hour. the better business bureau will

give its grade on trump university. melissa, to you first. is this trump university. the business failure. >> it is out of business. mathematically, it is a failure. somewhere between an a and a deed during the lifetime. i do not think that any of these things are worth what you pay for them. it does not have a rating right now. they cannot tell what is going on. that is very similar speed to a scam stare. sleazy. people did not get what they paid for. they did not even finish out the paperwork.

giving 40% of the refunds were given back to students. >> i think all of those for-profit universities are ridiculous. >> yes. i think that he was offering courses and seminars. buyer beware. you get what you take out of it. there you go. >> trump posted this video ahead of today's announcement. responding to a rubio attack. they are suing trump. rollback, please. >> terrible things. why would anybody settle a case when we have reports like this. and a lot of people settle a case. you know what, the united

states. >> i call that a point of the strike. >> very calm with the audio. >> putting that out before we get the response from the better business bureau about a half hour from now. we will bring that to you. you have the case of joe biden. not mentioning by name, but making a reference to trump's comments on torture. world tape. >> going out and waterboarding people. that would be a war crime. >> as you saw on the screen there, that was joe biden speaking in dubai. >> obviously, he did not mean

that. trying to win over the crowd. speaking to the choir a little bit. does he look like he may jump into the race? >> i do not think so. >> taking it a lot more seriously this threat that we have from abroad. seemingly trying to make it go away. >> trump has him rattled. >> we have reports coming out. we know that this happens. billionaires. tim cook unveiling a secret meeting. they were discussing how to ensure that donald trump does not get nominated. ganging up against him. >> he went through the same thing. the theme of the trump campaign is rage against the machine's.

making it stronger. >> which was there. he said it really was not about trump. >> i think that it speaks volumes in and of itself. >> it is all anybody, anywhere is talking about. >> what do you think of stuart varney? stuart: let's move on. [laughter] town hall moving way left. listen to what hillary clinton had to set about free college

tuition. >> everybody is going to have to do their part. you will never have to borrow money to attend a public college or university. the money that you will need will be provided if you cannot afford to go to college. >> i want the drowned out with the buzzer. it is not free. someone else is paying for it. paid for by everyone else. just not you. >> raising tuition when you make it free. when will you call the college deans for constantly raising tuitions.

taxes on the trade. stuart: last night's town hall. he said he believes tripling down economic does not work. rollback tape. >> i do not believe in trickle-down economics. i do not believe that you give tax breaks to the rich. struggling to come out and help working families. what i do believe is that we need to put more money into the hands of working families. you raise the minimum wage. >> you do not just raise the minimum wage. >> we have been trying this the past eight years. we see that gap grow wider. it simply does not work. who pays people? large corporations. help them grow. raise the minimum wage.

where do you think that that money comes from? >> it is not that they go out and buy a nice type. they invest in the extra money that they are allowed to keep. >> trickle-down government. >> he wants to take it off us and give it to somebody else. >> rotten robin hood. they are telling me to move on. [laughter] stuart: this is a big sports story for today. the company says you only needed to take it for four-six weeks. i am sorry. four to six weeks for one

course. take up to three courses a year. cheryl -- taking it to the performance were then actual legitimate health issues. >> i thought it first was of much greater than it should have been. >> i want to know what this miracle drug is that they are using. [laughter] >> a heart condition. >> or overuse. stuart: i can see where you are coming from. [laughter] check out this big board. we are coming back. about five minutes to go. loyal. that was down about $1 earlier. still down about $1. if you are $1 for the price of

oil, down 100 points for the dow industrials. >> i like that. >> famous around the world. look at the big technology stocks. facebook. amazon. google. apple. they were down big time. that is the state of play on the markets. let's get back to politics. melissa francis is with us. four states join us today. kt, come on in. here is what i am hearing. there is no candidate that will get the required 1237 delegates by the time the convention wins. they will have a vote. no one gets the required number. the delegates are freed up to vote for whomever they please. they will try to get somebody over the line.

i say that that could be a real problem for the republican party. >> i think that you could say that the bathroom boys are winning, so to speak. the delegate process is there. a sense of voters have different choices in states leading up to the convention did at this point, we do not have someone that is winning fair and square in terms of the process. donald trump may get close to that. the threshold of clinching the nomination. he has to win 60% of all the delegates from this point out. he only beat ted cruz by one delegate. we will see a long drawn out process here. there will be some people changing their minds. based on who they want to vote for if we get to the second round of the ballot. >> i have melissa francis.

what is up. she is so smart. i think that this is a media fantasy. we would all love to see this. at the end, i think that donald trump will pull ahead. we are moving into territory where he has more voters that are in favor of him. >> what happens if this is a brokered convention. they get together and they denied the candidacy to donald trump. all of these newcomers to politics. they say, no, we will get together in the back room. >> there will not be getting together in the back room. there is no meeting of the gop establishment. considering a lot of trump people are previous democrats, i think that they will probably go

back to their party. there are some new trump voters that are brought to theparty. that is great. if we do go to a convention, no one is stealing the nomination from donald trump. 1267 delegates count in order to be the nominee. the consequence was not getting himself over the line. going to a convention. putting him over the line. talking about the nomination towards him or swiping it out from under him. it is not like he is making it to a proper delegate count. she has to go into this.

get the delegates that they need. >> you, too. thank you so much for joining us. donald trump says he favors changing the laws to allow torture. playing the game the way the terrorists play the game. back in a moment when you think what does it look like? is it becoming a better professor by being a more adventurous student? is it one day giving your daughter the opportunity she deserves? is it finally witnessing all the artistic wonders of the natural world? whatever your definition of success is, helping you pursue it, is ours.

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stuart: we have an update for you on the freddie gray case. william porter. his first trial ended in a hung jury. now, the highest court to those that had to be compelled to testify. five other officers involved in this. a person being charged. i will not testify against my former officers. >> state charges, to speak.

stuart: the high court says, guess, you are. we are coming back on the big board. now we're down 88. 16,985. the price of oil is lower. the ashley webster ratio holds down a dollar. down about 100 points on the dow. the price of gold is near a fort team month high. back to donald trump. results around donald trump. if he becomes president, he will expand laws. listen to what rob o'neill, listen to what he had to say. >> i agree with enhanced interrogation. i do not believe that the torture works. waterboarding is enhanced interrogation. it works.

it has proven that it works. osama bin laden. >> distinction there between a waterboarding. flat out torture. come on in retired navy commander. chris palmer is with us now. without getting to the definitional stuff, let me ask you directly, do you favor the more extensive use of waterboarding? we'll be water boarded three people that were responsible for 9/11. would you expand that to far more terrorists? >> you are inaccurate in saying we only did it on three people. i know we did it on a lot more than that. enhanced interrogation techniques. they may have possibly led to the assassination or the targeted assassination of bin

laden. you lose the support. you lose your moral standing. your enemies use that as a recruiting tool. you may get something good out of using enhanced interrogation tech meeks. you will get a lot of negative out of that as well. i do not think that they will be good with this. >> i simply believe that we did use this method again. the person or persons that did it will eventually be charged in the court of law in the united states. you are nodding your head. >> you are absolutely right. very frustrating for people like me that our military situations to be in this legal gray area. not necessarily aligned with the opinion of what was legal and

what was illegal. none of our background prepared us for this. they used enhanced interrogation techniques. they had a legal finding from the justice department. now there is this hanging cloud. we may come back and investigate you and prosecute you. there has to be a finding that the people are doing the interrogations. >> training that i went through. that sucks. i do not think that that is torture. >> definitional thing. got it. thank you for joining us, sir. jimmy carter now says he no longer needs cancer treatment. back in a moment.

♪

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stuart: nfl wide receiver. >> he is leaving a lot. $57.7 million. paying back 3.2 million. a very serious reason. he is only 30. he said a couple of weeks ago, i will have to decide. jimmy carter you announcing seven months after being diagnosed with brain cancer he no longer needs cancer treatment. what exactly does that mean? thank you very much. he says i no longer need cancer

treatment. does that mean he is cured? being involved with church and activity. the objective tests say it is undetectable. >> called on a second. there have been tests. cancer is no longer detectable. that does not mean that he is cured. sometimes undetectable cancer. undetectable, it does not mean that he is cancer free. >> you must have been doing something. >> we know that he had radiation to the brain. removing any kind of lesion there. was it a combination of all of those three things?

what else was he doing? did he change his diet? did he increase his vitamin delta. other then just let the news media is touting as his cure. maybe that is it. prayer has power, doesn't it. >> yes it does, indeed. i want you to come back again. just minutes from now. the better business bureau delivers trump university. we will take you there when it happens. ♪ i think it landed last tuesday. one second it's there. then, woosh, it's gone. i swear i saw it swallow seven people. seven. i just wish one of those people could have been mrs. johnson. [dog bark] trust me, we're dealing with a higher intelligence here. ♪

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stuart: we are coming back. the price of oil is down. not as much as it was. 3696 on oil. gold still moving just a little bit higher. 1268. the better business bureau. trump university. donald trump defense his university's record. it has been contested in new york. i want to get this in first. i think that this is a political prosecution. eric snyderman is doing it.

he is doing it because he wants to embarrass trump at a particular moment on the campaign. the attorney general of new york is doing on behalf of the 40,000 people that signed up for this. it is not a university. it is not a university. it did meet minimal standards. mr. trumps people appealed that. the appellate court agreed. it is not a university. now it is back in the issue is fraud. did donald trump to defraud these people out of money. i have testimonials for many of them. i have certificates of successful completion and appreciation for them.

entering into the middle of this. he did not lose a nickel. stuart: eric schneiderman is on the left. >> no question about that. actually contributing to schneiderman's campaign. [laughter] stuart: hold on. let's listen in. >> serving metropolitan new york. making joint statements. the council of better business bureau's. the statement is being made to help clear up several this convention. trump entrepreneur initiative. not taking questions. thank you in advance for your cooperation.

>> good morning. hi, everyone. the better business bureau. joining with the council. over the past week, the better business bureau has provided several statements in response to public inquiries. four trump, entrepreneur initiative. these statements remain available on our website. we are issuing a further statement today. inaccurate reports that continue to be repeated. we reserve to trump university. there is only one business

review entrepreneur initiative did brought to our attention. bbb did not send a document of any kind to the republican debates site for last evening. it does not come from the bbb that night. trump university does not currently have an a rating for bbb. the bbb business review for this company continues being no rating since september of 2015. prior to that, if fluctuated between a b- and then a+. the documents posted on social media on thursday night was not a current business review of trump university. it appeared to be part of a different review from 2014.

bbb ratings are based on information we have taken about a business including complaints received from the public. detailed information about abb ratings is available on all business reviews on our website. bbb.org. at no point, did bbb change the rating of trump university based upon a demand from anyone. the standard evaluation process. during the period when trump university appeared to be act of in the marketplace, multiple customer complaints about the business. these complaints it was as low as a b- in 2010.

no complaints were reported here at they rolled off the business review. according to bbb policy. trump university's bbb rating went to an a in july of 2014. and then to an a+ january 2015. trump university has never been a bbb accredited as this. the document handed on thursday night could not have been an actual better business bureau accreditation notice to this business. to be accredited, a business must apply for credit patient. they must determine that the business meets the standards which include a commitment to

make a good-faith effort to resolve any consumer complaints. bbb publishes ratings for both accredited and non-credited did improving the customer record over time. the accredited businesses must meet higher requirements. businesses must first earn a high rating and confirm compliance with other bbb accreditation standards before being eligible for credit patient. it must maintain compliance with the standards to continue. stuart: lost on this particular voice. [laughter] she is finished. okay. we came back just in time. listening very closely to what is going on here.

would you like to explain? >> it is the following. the left validated trump university. they gave it a delta -- d. verifiable complaints that they received. after three years, the complaint whirls off. trump university has not been in business the last years. there are no longer any complaints. the rating automatically rises to an a. i did not watch this portion. the personal debate alleging that trump university received in a rating was not an evaluated a rating. they had not taken any complaints. >> the lady said, we have multiple complaints in 2013 when

trump university was operating. they got a delta rating at that time. >> yes. then the company's dried up. the university went out of business. the complaint tried up. that was the reason why trump university got an a rating in 2014. in a+ and 2015. >> according to donald trump, yes, people complained. people always complained about a university. this leftist views. this is malicious. a d- from the better business bureau. >> people complained.

not properly resolved in the eyes of the bbb. >> london school of economics. >> i will tell you what i think. this is trump's opponent ganging up on him. trying to exploit some kind of weakness. >> there is very serious evidence to support that. >> yes. yes. tomorrow morning at 9:00 o'clock. [laughter] >> thank you, judge. hillary clinton and bernie sanders. economics professor peterborough ricci. can you, professor? he wants a single-payer healthcare system. just like sanders. the professor is next. >> let's face it. obamacare is a bust. american health insurance health care is broken. big european simply are doing

much better at this. ♪

nicole: i have your fox business brief. the dow jones industrial average is down. off the lows of the day. the s&p 500. watching home depot. that is actually a winner today. $13 million settlement.

funding one and a half years. consumers. energy is a group that has been hit hard today. we are watching oil getting hit. names that go along with it. chesapeake down. up yesterday. along with iron ore. all to the downside. ♪

>> in case you missed it, hillary clinton and bernie sanders in a town hall meeting last night. nonsense. one of the major issues discussed, free healthcare. world tape. >> a right of all people. something wrong. >> what i believe, you may disagree with me. i believe you are rich. the same quality healthcare. [applause] stuart: who has to pay. peterborough riccio is with us.

you have ruffled a few feathers on "varney & company." what we need in america is a single-payer's assistance. you do not really believe that bernie sanders style, do you? >> the same healthcare everybody gets. that is nonsense. we have two choices. where they significantly regulate prices. very extraordinary prices for prescription drugs. i do not think that the republicans are willing to do that. on the other hand, you can go to a single-payer system. before we went to obamacare, the government was already paying healthcare costs. we do not have a single-payer system already is silly.

sure raids and nonsense. it adds to the cost. >> the cost of health care in america is very, very high. in large part because of lawyers. medical malpractice. why am i paying $1400 for a blood test. i will tell you why. every stage of that blood test has to have insurance against an illegal attack. you see where i am going with this? >> absolutely. we also have to get rid of the monopoly pricing problem. one or two hospitals. one or two insurers. raising the prices. what can i squeeze medicare for. that becomes the price for everybody.

these insurance companies with this ungodly bureaucracy, my wife spends hours and hours dealing with the four of us at home. it is just terrible. stuart: you think that healthcare is expensive, just wait until it is free. >> look at britain. spending half of what we spend on health care. absolutely have. germany spends two thirds on what we spend. >> no lawyers. no lawyers. >> that is not the only problem. >> it is a big problem, peter. >> we are paying way too much for drugs. they say, the germans are not paying enough. we will get them to pay more. do not tell me that we have to carry the whole ball.

>> lieutenant professor of economics. we get the 10 year. thank you, professor. >> jet blue. a near trading program. people with no flight experience. we have our own pilot to discuss that one. ♪ your path to retirement may not always be clear. but at t. rowe price, we can help guide your retirement savings. so wherever your retirement journey takes you, we can help you reach your goals. call us or your advisor t. rowe price. invest with confidence. being hacked and intellectual property being stolen. that is cyber-crime and it affects each and every one of us. microsoft created the digital crimes unit to fight cyber-crime.

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stuart: jetblue, the airline says, they are looking for pilots. no experience necessary. welcome. i go to jet blue. i have no experience whatsoever. they say we will train you to be a commercial airline pilot. what is wrong with that? >> there is nothing wrong with that. you have to go out to a local flight school. finally, there are a couple of places, a couple of universities that specialize.

it will cost you about that much money anyway. jetblue, they are going back to the old days. it is a predecessor. no experience. they hired and trained them themselves. any commercial airline. i paid you all of this money. i want to be a pilot. >> just giving you a guaranteed job. that, i do not know. >> you will get a job with a airline anyway. it takes three or four years.

the airlines, if i may, the airlines are hurting. people are flying more. they need more pilots. they are hurting for young people to get into the pilot business. any athletic ability. good eye hand coordination. you will be a good pilot. air traffic controllers. the same exact thing. begging for young people. why are people lined up to do this? >> i like this stuff. i am sorry we do not have more time. there will be, however, more varney after this. ♪ ♪ for your retirement,

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>> we're almost out of time. i want to ask you first come out was the most interesting story we covered today?

>> trump university. no political fallout. ashley: people beating up on poor sharapova. neil: that was the most interesting? i think it's the michigan primary. kasich wins big all-around. our time is definitively a. it is yours. neil: thank you very much. it wouldn't be a tuesday or saturday depending with the finger-pointing and cheating going on. the latest seems to be coming from the rubio camp targeting the cruise folks were passing around false rumors that rubio is about to quit the race or at the very least people are urging to quit the race. that isn't new. building on passing along the voters in florida and others it's like hawaii, for example up for grabs. get the message seems to be you are wasting their if you're going to go to rubio. these are the same charges used